Fathers' rights are a critical issue for many Illinois men, especially with respect to questions of child relocation. When one parent tries to move a child out-of-state without the other parent's consent (or knowledge), it may be necessary for the other to seek a court order to protect their own parent-child relationship. Even when the mother has legal and physical responsibility for the child, Illinois law can still protect a father's interest in maintaining an active role in the child's life.

Court Says Five-Month “Visit” Established Child's Residency

A recent case from here in DuPage County illustrates how the courts can protect father-child relationships. In this case, two unmarried parents have a five-year-old child. The mother has custody. She lives in North Carolina, but in October 2013, the mother allowed the child to stay with the father's parents in Illinois while she underwent a minor surgical procedure. The father, a member of the United States armed forces, was on active duty during this time.

Many people choose to change their name following a divorce, either to go back to their premarital last name or to adopt the surname of a new spouse. Illinois divorce decrees typically contain language authorizing a spouse to resume use of a maiden name. But even if the spouse does not wish to immediately change their name following a divorce, they are typically free to do so later by petitioning an Illinois court.

If an ex-spouse also wishes to change the last names of their children, however, the law is a bit more complicated. A judge will only approve such a name change if it is in the child's “best interest.” Illinois law specifies a number of factors the court must consider in deciding a parent's application to change their child's name:

• Does the other parent or person with “physical custody” of the child approve?
• Does the child want to change their name?
• What is the “interaction or interrelationship” between the child and their parents or other family members? For example, if a mother wishes for her child to adopt her last name, what is the extent of the child's relationship with the father?

Court Enjoins Mother From Unilaterally Changing Kids' Last Names

In an Illinois divorce, the general rule is that all property acquired by either spouse during their marriage is considered “marital” property and therefore subject to equitable division. With very limited exceptions, it does not matter how the property was acquired or titled. Unless there is a specific arrangement between the parties (such as a prenuptial agreement), a court will look to when the property was acquired to decide whether it is, in fact, marital property.

Wrongfully Convicted Man Ordered to Share Settlement With Ex-Wife

Sometimes, figuring out “when” certain property was acquired is not obvious. For instance, an Illinois appeals court recently had to decide whether the proceeds of a lawsuit settlement constituted marital property. Normally, any type of personal injury claim that arises during a marriage is considered marital property. In this case, however, the facts giving rise to the lawsuit actually predated the marriage.

When an Illinois court issues a judgment regarding child custody arrangements, both parents must abide by the judge's decision. If a parent is dissatisfied with the terms of the order, he or she must pursue a legal avenue for seeking to amend the decision. A parent must never try to circumvent a child custody order by taking actions designed to undermine the rights and responsibilities of the other parent.

Mother Loses Custody After Making False Abuse Allegations Against Father

Indeed, such actions can backfire, as a recent Illinois appeals court decision illustrates. This case involves a divorced couple with three young children. Six years ago, an Illinois circuit court issued a custody order giving the mother “sole custody” while granting certain visitation rights to the father. The custody order further required the mother to “consult” with the father regarding “major health and education matters” affecting the children.

Same-sex marriage has been legal in Illinois since 2014. Of course, many same-sex couples cohabited for years, even decades, prior to this change in the law. The Illinois Supreme Court recently addressed whether unmarried same-sex couples who ended their relationship prior to 2014 could enforce “marriage-like” rights with respect to the division of property.

Supreme Court Rules Cohabiting Partners Cannot Assert Common-Law Marriage Claims

The plaintiff and the defendant in this case were in a long-term domestic partnership from approximately 1981 until 2010. The couple co-owned their home. After the relationship ended, the plaintiff moved out and sued the defendant, seeking a “fair division and partition” of the property. The defendant filed a counter-claim, alleging she and the plaintiff had a relationship “identical in every essential way to that of a married couple,” and accordingly sought division of the couple's property based on the same principles as Illinois divorce law.